alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Yetta Cohen, Plaintiff, *v.*Abraham I. Swiller et al., Defendants.

Supreme Court, Special Term, Kings County,

March 23, 1959.

*Joseph Dean Edwards*for Margaret Grassheim, defendant.

*Fersiger & Pensig*for plaintiff.

*Garbarini & Kroll*for Abraham I. Swiller and another, defendants.

John E. Cone, J.

In an action for malpractice against the

several defendants herein, defendant Grassheim moves, pursuant to rule 106 of the Eules of Civil Practice, for dismissal of the complaint on the ground of legal insufficiency. Paragraphs 10 and 12 respectively, of the complaint, which are speeificially under attack on this motion as insufficiently alleging negligence, charge in substance that defendants “ failed to exercise the knowledge, skill and diligence” which “they should have possessed ” in performing the operation upon plaintiff and that said defendants failed to “properly perform their duties or supervise the duties of others who were under their command during the performance of this operation and the subsequent treatment ’ ’ of plaintiff. The gravamen of the complaint in an action for malpractice against a physician, surgeon or one of similar calling is either that the defendant did not possess the requisite learning, skill and experience that he ought to have possessed, or that, while possessing the requisite skill and learning, he did not use reasonable care in the exercise of his skill and the application of his learning *(Pike*v. *Honsinger,*155 N. Y. 201; *Brown*v. *Goffe,*140 App. Div. 353; 4 Carmody-Wait, New York Practice, p. 234). While the allegations of paragraph 10 of the instant complaint may be general in nature, they nonetheless allege ultimate facts. Giving to them every intendment and fair *922inference, said allegations are deemed to charge a failure on the part of defendants, including the movant, to possess or use the requisite degree of knowledge and skill or the required degree of diligence and care which by virtue of their position and calling said defendants implicitly represented that they possessed. Such allegations, if true, are sufficient, taken in conjunction with the other allegations of the complaint, to state a cause of action for malpractice (see authorities cited, *supra).*It may be added, similarly, that while the allegations, contained in paragraph 12 of the complaint, charging negligence in that there was a failure of proper supervision, is a general statement, it is nevertheless a statement of ultimate fact and not a legal conclusion.

If the objection, as indicated in the movant’s memorandum submitted herein, is that the allegations of negligence set forth in the complaint are not specific enough to enable defendant to anticipate the proof that may be adduced by plaintiff at a trial of the action, the answer to such objection is that said defendant can obtain the details to which she is entitled by requiring plaintiff to furnish a bill of particulars with respect thereto. Motion is accordingly denied.

Submit order.
Exhibit 99.1
 
 Certification Pursuant to 18 U.S.C. Section 1350,
 As Adopted Pursuant to Section 906 of the
 Sarbanes - Oxley Act of 2002
 
 In connection with the Quarterly Report of AFG Investment Trust D (the "Trust"), on Form 10-QSB for the period ended September 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, the Principal Executive Officer of the Trusts Managing Trustee, hereby certifies pursuant to 18 U.S.C. §1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:
  (1)  the Report of the Trust filed today fully complies with the requirements of Section 13(a) or 15 (d) of the Securities Exchange Act of 1934; and
  (2)  the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Trust
  /s/ Gary D. Engle
 Gary D. Engle
 President of AFG ASIT Corporation,
 the Managing Trustee of the Trust
 (Principal Executive Officer)
 November 14, 2003
#### State v. Akahi

18218

9/11/95

Affirmed
121 P.3d 923

SUPREME COURT OF HAWAI'I

#### State v. Sherez

26571

10/18/2005

Reversed, vacated & remanded
#### State v. Gaines.

26512

01/31/2006

Affirmed
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                  Marilynn Mendell (not verified)PermalinkNovember 3, 2023 - 7:25amWonderful article. I’ve been privileged to have The Phipps & OVSLA as clients for 25 years among other well known architects. It was my pleasure to be at your garden this past spring. Glorious. I think my granddaughter learned a great deal. Thank you!
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                  Jordan Ako-Mbo (not verified)PermalinkApril 27, 2023 - 10:52amVery inteersting
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#### Rapoza v. Willocks Const. Corp.

22052

01/02/2004

Vacated and remanded
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 143 Introduced in House (IH)]

114th CONGRESS
  1st Session
H. RES. 143

  Urging the Government of Nigeria to move forward expeditiously with 
                      national general elections.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 2015

 Ms. Jackson Lee (for herself and Mr. Chabot) submitted the following 
   resolution; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION

 
  Urging the Government of Nigeria to move forward expeditiously with 
                      national general elections.

Whereas regularly scheduled elections are one of the hallmarks of a democratic 
        form of government;
Whereas Nigeria, since its independence in 1960, has adhered to democratic 
        political traditions and processes;
Whereas Nigeria is one of the largest and fastest growing free market economies 
        on the African continent;
Whereas the Government of Nigeria has been dealing with challenges relating to 
        the terrorist group, Boko Haram;
Whereas the armed forces of the Government of Nigeria has substantial military 
        expertise and is professional, well-trained and equipped, and capable of 
        maintaining peace and good order throughout the country;
Whereas the people of Nigeria can expect that the national general elections 
        will be conducted in a safe and secure environment and that all persons 
        exercising their right to vote will be protected by the Nigerian 
        Government's military and civilian authorities;
Whereas it would set a bad precedent to reward terrorists by delaying national 
        elections; and
Whereas delaying an election deprives voters of their right to select leaders of 
        their choosing: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) calls upon the Government of Nigeria to hold its 
        national general election on the date and time now scheduled;
            (2) expresses its solidarity with the people of Nigeria and 
        their aspirations for free and fair elections; and
            (3) supports efforts of the United States Government to 
        provide security assistance and training to the Government of 
        Nigeria to help achieve the international goal of combating, 
        defeating, and eliminating the national security threat 
        presented by the terrorist group, Boko Haram, and other groups 
        that pose threats to the democratic process and the right of 
        Nigerians to cast their votes in a free and fair national 
        general election.
                                 <all>
```
EXHIBIT 10.36




                                       53

<PAGE>



January 24, 1997




Dear:

Pursuant to a letter dated June 12, 1992 (the "Letter") from the Company's then
President and Chief Executive Officer, you were provided certain severance
benefits under certain circumstances following a Change in Control (as defined
in the Letter). In the event you became entitled to such benefits in accordance
with the term of the Letter, such benefits included the right to exercise all
options that you then hold for a period equal to the lesser of five years or the
remaining term of the option.

The Company now desires to modify those arrangements with respect to any options
granted on or after the date hereof. In view of the Company's operations over
the past year and in consideration of the Company's willingness to grant you
options to purchase       shares under the Company's Equity Incentive Plan, the
Company agrees, and you agree by signing where indicated below, that under the
circumstances described in the Letter in which you become entitled to severance
benefits following a Change in Control, the provisions regarding unexercised
stock options shall not be applicable with respect to any options granted on or
after the date hereof. Instead, under such circumstances, any unexercised
options granted on or after the date hereof will become exercisable in full but
will remain exercisable for the lesser of the period during which you are
entitled to receive severance payments based on your base salary or the
remaining term of the option.

If the foregoing accurately reflects our agreement, please so indicate by
signing below.

Sincerely,                                   Accepted and agreed to as of
                                             this 24th day of January, 1997:


/s/ W. Keith Stoneback
-----------------------------------
    W. Keith Stoneback, President



                                       54
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUL-31-1999
<PERIOD-START>                             AUG-01-1998
<PERIOD-END>                               OCT-31-1998
<CASH>                                             196
<SECURITIES>                                         0
<RECEIVABLES>                                     3379
<ALLOWANCES>                                       275
<INVENTORY>                                          0
<CURRENT-ASSETS>                                  3543
<PP&E>                                            4871
<DEPRECIATION>                                    4199
<TOTAL-ASSETS>                                  16,930
<CURRENT-LIABILITIES>                             4783
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             5
<OTHER-SE>                                        9833
<TOTAL-LIABILITY-AND-EQUITY>                    16,930
<SALES>                                           2550
<TOTAL-REVENUES>                                  2550
<CGS>                                              605
<TOTAL-COSTS>                                     2792
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  62
<INCOME-PRETAX>                                  (909)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (909)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (909)
<EPS-PRIMARY>                                    (.19)
<EPS-DILUTED>                                    (.19)
        

</TABLE>
## State of N ew York Su p reme C ou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: October 16, 2014 D -67-14

In the Matter of ATTORNEYS IN VIOLATION OF JUDICIARY LAW § 468-a.
COMMITTEE ON PROFESSIONAL MEMORANDUM AND ORDER STANDARDS, ON MOTION Petitioner; DANIEL PETER SHEEHAN, Respondent. (Attorney Registration No. 1819861)
Calendar Date: August 25, 2014 Before: Peters, P.J., Lahtinen, Stein, McCarthy and Garry, JJ.

Monica A. Duffy, Committee on Professional Standards, Albany, for petitioner. Daniel Peter Sheehan, La Selva Beach, California, respondent pro se.

Per Curiam. Respondent, who was admitted to practice by this Court in 1971, was suspended by this Court's order dated September 24, 2009 for failure to comply with the attorney registration requirements of Judiciary Law § 468-a (65 AD3d 1447 [2009]).
Respondent now requests reinstatement on the ground that he has complied with the attorney registration requirements of-2- D-67-14

Judiciary Law § 468-a and the Rules of the Chief Administrator of the Courts (see 22 NYCRR part 118). Petitioner does not object to respondent's application. Respondent's application is granted and he is ordered reinstated, effective immediately. Peters, P.J., Lahtinen, Stein, McCarthy and Garry, JJ., concur.

ORDERED that respondent's application is granted; and it is further ORDERED that respondent is reinstated as an attorney and counselor-at-law in the State of New York, effective immediately.

ENTER:

Robert D. Mayberger Clerk of the Court
FAA-'2..0 10-1217

Contlcts. Wilhwhom oulSide the FAAhas this prolJ(lSOi been discussed?

Oty- Per.;oo Con1adl!d Date Response

~:lIiDnllll Bu...-ine~'..\ircnlfl Association (Ii Coni 1k ,Iii! -

~j(ln:l.lAirliRl: A'l'UiciaUQU 01/;'-0:LoU"rer qjz.'}lo .-

Aircraft OWlU'rs & Pilots AS!rtKiation RoDerl IbcknulD ~/l,ko -

,\T.-\ Crail' Fllbian 9hdlo
28752

#### Reinking v. County of Hawaii

Vacated and Remanded
105 P.3d 1221

INTERMEDIATE COURT OF APPEALS OF HAWAI'I

September 29, 2004

25596

#### Pascua v. U.S. Bank Nat. Ass'n

Affirmed
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                  MARY LILLY (not verified)PermalinkFebruary 2, 2023 - 4:47pmThe only word  I  can say is WOW1 what a job great craftsman!
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From: Wilson, Erika

Sent: Friday, December 19, 2014 3:03 PM To: kamil.armaiz@gmail.com Cc: Bremer, Kristen; Hackel, Angela; Risley, David Subject: Web comment on the Clean Power Plan Hello Miss Nolla Thank you for your inquiry. In response to the question you submitted to the Clean Power Plan web site regarding off shore wind energy: For the purposes of determining the best system for emission reductions (BSER), offshore wind was not specifically considere d in the proposed RE method and was not included in the alternative RE approach because there are currently no operational offshore wind facilities in the United States from which to calculate a benchmark development rate. Please see section 1.3 RE Target Generation Methodology by Technology Type (page 3) in the Alternative RE Approach TSD, available here: http://www2.epa.gov/c arbon - pollution - standards/clean - power- plan - proposed - rule - alternative renewable -energy- approach , for more information. Thank you for your interest in the Clean Power Plan. Erika Wilson U.S. EPA - Office of Air and Radiation 202.343.9113 Submitted on 0 9/02/2014 11:38AM Submitted values are: Name: Miss Kamil E. Armaiz Nolla Email: kamil.armaiz@gmail.com Comments: I am a graduate student at James Madison University. I would like to receive more information re garding if any offshore wind energy was consider in the calculations for Renewable Energy offsets in the EPA Rule. Any additional information regarding offshore wind energy and the Rule will be greatly appreciated. Web Area: Carbon Pollution Standards
Exhibit 23











               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS




We consent to the incorporation by reference in the Registration Statement (Form
S-8 No.  333-63109 and Form S-8 No.  333-72101)  pertaining to the RSI Holdings,
Inc. Stock Option Plan  (Amendment  Nos. 3 and 4) of our report dated October 5,
2001,  with respect to the  consolidated  financial  statements of RSI Holdings,
Inc.  included in the Annual  Report (Form 10-KSB) for the year ended August 31,
2001.





                                         /s/  Elliott Davis, LLP



November 21, 2001
Greenville, South Carolina
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                  Marty (not verified) (not verified)PermalinkMarch 14, 2016 - 7:44pmI had e great pleasure and thrill to ride the Senator Subway Systems during my December visit two years ago. Thanks to the wonderful Senator Tammy Baldwin for the once in the life time opportunity.
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June 29, 1998

*37120029

#### Ayuyu v. State

Affirmed